The Mental Capacity Act (2005) includes clear direction on how to approach the process of ‘gifting’. This applies to anyone acting as an LPA for Property and Finances, or as anyone assigned the role of Deputy by the Court of Protection.
Read More »Gifting
In this blog, we discuss the different formats of Mental Capacity Assessments and Best Interest Assessments. We also signpost to a range of different forms related to the Mental Capacity Act (2005) that will be of use to assessors.
Read More »Assessment Formats and Related FormsMental Capacity is time and decision specific. For this reason, it is absolutely vital to keep the assessment of capacity focused on the matter at hand, and not to deviate from the central topic, or include irrelevant information that might cause distractions or misunderstandings. Otherwise, the assessor might inadvertently ‘sabotage’ the person’s ability to frame the relevant information and make a decision.
Read More »Important reminder: Keep to the assessment!
Parfitt v Jones [2025] EWHC 1552 is a really interesting case, with some important lessons on the subject of retrospective Testamentary Capacity. For any professional working in this area, it is a must read.
The case concerns Mrs Mary Wadge, a widow who passed away in 2018, at the age of 85, leaving a Will (dated 2008 and drawn up with Solicitors) naming one of her daughters, Carolyne, and HSCBC Trust Company UK Ltd as executors. The contents of the Will were challenged by one of her daughters (Vicky) and her son’s widow (Svetlana).
Read More »Retrospective Testamentary Capacity: Lessons from case law
The Causative Nexus is an important part of the Diagnostic Step for Mental Capacity. In its simplest of forms, it can be described as the ‘link’ between the Functional Step of the two-stage test, and whether the Diagnosis is the origin for this outcome. Another way to consider the causative nexus, is as the ‘because’ or justification for why a diagnosis may be the causation for a person being unable to demonstrate decision making within the functional stage of the assessment.
Read More »Importance of the Causative Nexus
A Lasting Power of Attorney (LPA) is an important legal document. It allows for a trusted person (or persons) to be assigned as Attorney should there come a point in the future where the individual (the Donor) lacks capacity to make decisions for themselves.
Read More »How to revoke an LPA
When conducting a Mental Capacity Assessment, the assessor is required to take care and consideration of the person being assessed. This includes making sure that the assessment is accessible, and that reasonable adjustments are made to aid the individual’s understanding and retention.
Read More »Who can be present during a Mental Capacity Assessment?There are sometimes occasions when a person dies and the Executor named in their Will is not able to complete their role due to a lack of capacity. Similarly, there are times where a person may not have formed a Will, and the loved one who would normally act as Probate is unable to perform this role due to a lack of capacity
In this blog, we give a brief summary of the process and the steps needed.
Read More »Mental Capacity and the roles of Executor and Probate (PA14)
An interesting case was heard before the courts earlier this year, which highlights how Gillick Competence should only be applied when appropriate to do so.
Read More »Gillick Competence: Caution required
During the COVID-19 pandemic, a large number of mental capacity assessments were completed remotely, through video platforms such as Microsoft Teams or Zoom. This was to enable staff to conduct ‘safe’ assessments without the risk of infection or transmitting the virus.
Now the pandemic is over, face-to-face assessments have returned to being the norm. However, we do on occasion receive requests for online assessments rather than face-to-face, due to factors such as time, distance or availability.
Read More »Mental Capacity Assessments: Face-to-Face or Remote?